#THE BENGAL, AGRA AND ASSAM CIVIL COURTS ACT, 1887 
__________ 

##ARRANGEMENT OF SECTIONS 
__________ 

###CHAPTER I 

###PRELIMINARY 

SECTIONS 

1. Title, extent and commencement. 
2. Repeal. 

###CHAPTER II 

###CONSTITUTIONOF CIVIL COURTS 

3. Classes of Courts. 
4. Number of District Judges, Subordinate Judges and Munsifs. 
5. [Repealed.]. 
6. Vacancies among District or Subordinate Judges. 
7. [Repealed.]. 
8. Additional Judges. 
9. Administrative control of courts. 
10. Temporary charge of District Court. 
11. Transfer of proceedings on vacation of office of Subordinate Judge. 
12. [Repealed.]. 
13. Power to fix local limits of jurisdiction of Courts. 
14. Place of sitting of Courts. 
15. Vacations of Courts. 
16. Seals of Courts. 
17. Continuance of proceedings of Courts  ceasing to have jurisdiction. 

###CHAPTER III 

###ORDINARY JURISIDICTION 

18. Extent of original jurisdiction of District or Subordinate Judge. 
19. Extent of jurisdiction of Munsif. 
20. Appeals from District and Additional Judges. 
21. Appeals from Subordinate Judges and Munsifs. 

###CHAPTER IV 

###SPECIAL JURISDICTION 

22. Power to transfer to Subordinate Judges appeals from Munsifs. 
23. Exercise by Subordinate Judge or Munsif of jurisdiction of District Court in certain 
  proceedings. 
24. Disposal of proceedings referred to in last foregoing section. 
25. Power to invest Subordinate Judges and Munsifs with Small Cause Court jurisdiction. 

*CHAPTER V. —[MISFEASANCE.] Rep. by the A. O.* 1937.

26. [Repealed.]. 
27. [Repealed.]. 
28. [Repealed.]. 
29. [Repealed.]. 

*CHAPTER VI. —[MINISTERIAL OFFICERS.] Rep. by the A. O.* 1937.

30. [Repealed.]. 
31. [Repealed.]. 
32. [Repealed.]. 
33. [Repealed.]. 
34. [Repealed.]. 
35. [Repealed.]. 

###CHAPTER VII 

###SUPPLEMENTAL PROVISIONS 

36. Power to confer powers of Civil Courts on officers. 
37. Certain decisions to be according to Native law. 
88. Judges not to try suits in which they are interested. 
39. Subordination of Courts to District Court. 
40. Application of Act to State Courts of Small Causes . 



#THE BENGAL, AGRA AND ASSAM CIVIL COURTS ACT, 1887 

##ACT NO. 12 OF 1887

[11th March, 1887.] 

An Act to consolidate and amend the law relating to Civil Courts in Bengal, the 
  North-Western Provinces and Assam. 

  WHEREAS  it  is  expedient  to  consolidate  and  amend  the  law  relating  to  Civil  Courts  in 
Bengal, the North-Western Provinces and Assam; It is hereby enacted as follows: — 

###CHAPTER I 

###PRELIMINARY 

1. **Title, extent and commencement.**—(1)This  Act  may  be  called  the  Bengal, Agra and  Assam 
Civil Courts Act, 1887. 

(2) It  extends  to  the  territories which  were  on  the  11th  March,  1887, respectively 
administered by the Lieutenant -Governor of Bengal, the Lieutenant -Governor of the North-
Western  Provinces  and  the  Chief  Commissioner  of  Assam,  except  such  portions  of  those 
territories as for the time being are not subject to the ordinary civil jurisdiction of the High 
Courts ; and 

(3) It shall come into force on the first day of July, 1887. 

2. **Repeal.**—

(2) all  Courts  constituted,  appointments,  nominations,  rules  and  orders  made, 
jurisdiction  and  powers  conferred  and  lists  published  under  the  Bengal  Civil  Courts  Act, 
1871  (6  of  1871) 7,  or  any  enactment  thereby  repealed,  or  purporting  expressly  or  impliedly 
to  have  been  so  constituted,  made,  conferred  and  published,  shall  be  deemed  to  have  been 
respectively constituted, made, conferred and published under this Act; and 

(3) Any enactment or document referring to the Bengal Civil Courts Act, 1871 (6 of 1871), or to any 
enactment thereby repealed, shall be construed to refer to this Act or to the corresponding portion thereof. 

###CHAPTER II 

###CONSTITUTION  OF  CIVIL COURTS 

3. **Classes of Courts.**—Thereshall be the following classes of Civil Courts under this Act, namely:— 

(1) the Court of the District Judge; 

(2) the Court of the Additional Judge; 

(3) the Court of the Subordinate Judge; and 

(4) the Court of the Munsif. 

4. **Number  of  District  Judges,  Subordinate  Judges  and  Munsifs.**—The State Government may 
alter the number of District Judges, Subordinate Judges and Munsifs now fixed.

5. *[Number of Munsifs.] Rep. by the Decentralization Act, 1914 (4 of 1914), s. 2 and the Schedule, 
PartI.* 

6. **Vacancies among District or Subordinate Judges.**—(1)  Wheneverthe  office  of  District 
Judge or Subordinate Judge is vacant by reason of the death, resignation or removal of the Judge or 
other  cause,  or  whenever (an  increase  in  the  number  of  District  or  Subordinate  Judges  has  been 
made under the provisions of section 4, the State  Government  or, as the case  may be, the High 
Court may  fill  up  the  vacancy  or  appoint  the  additional  District  Judges  or  Subordinate  Judges. 

(2) Nothing in this section shall be construed to prevent a State Government from  appointing a 
District Judge or Subordinate Judge to discharge, for such period as it thinks fit, in addition to the 
functions devolving on him as such District Judge or Subordinate Judge, all or any of the functions 
of another District Judge or Subordinate Judge, as the case may be. 

**Uttar Pradesh**

**Amendment of section 6 of Act XII of 1887.**—In section 6 of the Bengal, Agra  and Assam Civil 
Court Act, 1887, herein after in this chapter referred to as the principal Act, in sub -section (2), for 
the words “state Government” the words “High Court” shall be substituted. 

*[Vide* Uttar Pradesh Act 17 of 1991, s. 2] 

7. *[Vacancies among Munsifs.]Rep.by the A. O.* 1937. 

8. **Additional Judges.**—(1) When the business pending before any District Judge requires the aid 
of Additional Judges for its speedy disposal, the State Government may, having consulted the High 
Court, appoint such Additional Judges as may be requisite. 

(2) Additional Judges so appointed shall discharge any of the functions of a District Judge which the 
District Judge may assign to them, and, in the discharge of those functions, they shall exercise the same 
powers as the District Judge. 

9. **Administrative control of Courts.**—Subjectto the superintendence of the High Court, the District 
Judge shall have administrative control over all the Civil Courts under this Act within the local limits of 
his jurisdiction. 

10. **Temporary charge of District Court.**—(1) In the event of the death, resignation or removal 
of the District Judge, or of his being incapacitated by illness or otherwise for the performance of his 
duties,  or  of  his  absence from  the  place  at  which his  Court  is  held,  the  Additional Judge,  or,  if  an 

Additional  Judge  is  not  present  at  that  place,  the  senior  SubordinateJudge  present  thereat,  shall, 
without  relinquishing  his  ordinary  duties,  assume  charge  of  the  office  of  the  District  Judge,  and  that 
continue  in  charge  thereof  until  the  office  is  resumed  by  the  District  Judge  or  assumed  by  an  officer 
appointed thereto. 

(2) While in charge of the office of the District Judge, the Additional Judge or Subordinate Judge, as 
the case may be, may, subject to any rules which the High Court may make in this behalf, exercise any of 
the powers of the District Judge. 

11. **Transfer  of  proceedings  on  vacation  of  office  of  Subordinate  Judge.**—(1) In the event of 
the  death,  resignation  or  removal  of  a  Subordinate  Judge,  or  of  his  being  incapacitated  by  illness  or 
otherwise  for  the  performance  of  his  duties,  or  of  his  absence  from  the  place  at  which  his  Court  is 
held,  the  District  Judge  may  transfer  all  or  any  of  the  proceedings  pending  in  the  Court  of  the 
Subordinate Judge either to his own Court or to any Court under his administrative control competent 
to dispose of them. 

(2) Proceedings transferred under sub-section (1) shall be disposed of as if they had been instituted in 
the Court to which they are so transferred: 

(3) Provided that the District Judge may re-transfer to the Court of the Subordinate Judge or his 
successor any proceedings transferred under sub-section (1) to his own or any other Court. 

(4) For the purposes of proceedings which are not pending in the Court of the Subordinate Judge 
on the occurrence of an event referred to in sub-section (1), and with respect to which that Court has 
exclusive jurisdiction, the District Judge may exercise all or any of the jurisdiction of that Court. 

12. *[Temporary charge of off ice of Munsif.]Rep. by the A.O.* 1937. 

###STATE AMENDMENT 

**Uttar Pradesh**

**Amendment of Act no. 12 of 1887.**— In the Bengal, Agra and Assam Civil Courts Act, 
1887 hereinafter referred to as the principal Act,— 

  (a)  in  Section  3,  4,  6,  10,  11,  13,  18,  21,  22,  23,  24  and  25,  for  the  words  ‘‘Civil 
Judge’’ and ‘‘Civil Judges’’ wherever occurring, the words ‘‘Civil Judge (Senior Division)’’ 
and ‘‘Civil Judges (Senior Division)’’ shall respectively be substituted; 

  (b)  in  Sections  3,  4,  13,  19,  21,  22,  23,  24  and  25,  for  the  words  ‘‘Munsif’’  an 
‘‘Munsifs’’  wherever  occurring,  the  words  ‘‘Civil    Judge    (Junior    Division)’’    and  ‘‘Civil 
Judges  (Junior Division)’’ shall respectively be substituted; 

(c) for the existing marginal headings to the sections shown in Column I of  the table below, 
the marginal headings as shown in Column II thereof shall be substituted, namely :— 

| Section | Marginal headings as hereby substituted |
| ----- | ------ | 
| 4 | Number of District Judges; Civil Judges (Senior Division)  and  Civil  Judges  (Junior  Division) |
| 6 | Vacancies among District or Civil Judge (Senior Division) |
| 11 | Transfer of proceedings on vacation of  office  of  Civil Judge (Senior Division) |
| 18 | Extent  of  original  jurisdiction  of  District  or  Civil  Judge (Senior Division) |
| 19 | Extent  of  jurisdiction  of  Civil  Judge  (Junior  Division) |
| 21 | Appeals from Civil Judges (Senior Division) and Civil Judges  (Junior  Division) |
| 22 | Power to transfer to Civil Judges (Senior Division) appeal  from  Civil Judges  (Junior  Division) |
| 23 | Exercise by Civil Judge (Senior Division) or Civil Judge  (Junior  division) of  jurisdiction  of  District Court in certain proceedings. |
| 25 | Power to invest Civil Judges (Senior Division) and Civil  Judges  (Junior Division)  with  Small  Cause Court Jurisdiction. |

*[Vide* Uttar Pradesh Act 25 of 1995, s. 2] 



13. **Power  to  fix  local  limits  of  jurisdiction  of  Courts.**—(1)The  State  Government  may,  by 
notification  in  the  Official  Gazette,  fix  and  alter  the  local  limits  of  the  jurisdiction  of  any  Civil  Court 
under this Act. 

(2) If the same  local jurisdiction is assigned  to two  or  more  Subordinate Judges  or  to  two  or  more 
Munsifs, the District Judge may assign to each of them such civil business cognizable by the Subordinate 
Judge or Munsif, as the case may be, as, subject to any General or special orders of the High Court, he 
thinks fit. 

(3) When  civil  business  arising  in  any  local  area  is  assigned  by  the  District  Judge  under  sub -
section (2) to one of two or more Subordinate Judges, or to one of two or more Munsifs, a decree or 
order passed by the Subordinate Judge or Munsif shall not be invalid by reason only of the case in 
which it was made having arisen wholly or in part in a place beyond the local area if that place is 
within the local limits fixed by the State Government under sub-section (1). 

(4) A  Judge  of  a  Court  of  Small  Causes  appointed  to  be  also  a  Subordinate  Judge  or  Munsif  is  a 
Subordinate Judge or Munsif, as the case may be, within the meaning of this section. 

(5) The present local limits of the jurisdiction of every Civil Court under this Act shall be deemed to 
have been fixed under this section. 

14. **Place of sitting of Courts.**—(1)The  State  Government  may,  by  notification in the  Official 
Gazette, fix and alter the place or places at which any Civil Court under this Act is to be held. 

(2) All places at which any such Courts are now held shall be deemed to have been fixed under this 
section. 

15. **Vacations of Courts.**—(1)  Subject  to  such  orders  as  may  be  made by the State 
Government the  High  Court  shall  prepare  a  list  of  days  to  be  observed  in  each  year  as  close 
holidays in the Civil Courts. 

(2) The list shall be published in the official Gazette. 

(3) A judicial act done by a Civil Court on a day specified in the list shall not be invalid by reason 
only of its having been done on that day. 

16. **Seals of Courts.**—Every Civil Court under this Act shall use a seal of such form and dimensions 
as are prescribed by the State Government. 

17. **Continuance  of  proceeding  of  Courts  ceasing  to  have  jurisdiction.**—(1) Where  any 
Civil  Court  under  this  Act  has  from  any  cause  ceased  to  have  jurisdiction  with  respect  to  any 
case,  any  proceeding  in  relation  to  that  case  which,  if  that  Court  had  not  ceased  to  have 
jurisdiction, might have been had therein ma y be had in the Court to which the business of the 
former Court has been transferred. 

(2) Nothing  in  this  section  applies  to  cases  for  which  provision  is  made  in  section  623  or 
section  649  of  the  Code  of  Civil  Procedure[^1] (14  of  1882)  or  in  any  other  enactment  for  the 
time being in force. 

###STATE AMENDMENT 

**Assam**

**Amendment of section 17.**—In  sub-section  (2)  of  section  17  of  the  said  Act,  for  the  words  and 
figures "in Section 623 or Section 649 of the Code of Civil Procedure" the words and figures "in sections 
36, 37 and 114 of, and Rule 1 of Order XLVII in Schedule I to the Code of Civil Procedure, 1908" shall 
be substituted. 

*[Vide* Assam Act 6 of 1935, s. 3] 

###CHAPTER III 

###ORDINARY JURISDICTION 

18. **Extent  of  original  jurisdiction  of  District  or  Subordinate  Judge.**—Saveas  otherwise 
provided  by  any  enactment  for  the  time  being  in  force,  the  jurisdiction  of  a  District  Judge  or 
Subordinate  Judge  extends,  subject  to  the  provisions  of  section  15  of  the  Code  of  Civil 
Procedure[^2] (14 of 1882), to all original suits for the time being cognizable by Civil Courts. 

###STATE AMENDMENT 

**Assam**

**Amendment of section 18 and 39.**—In Section 18 of the Said Act, after the words "Code of Civil 
Procedure", the figures "1908" shall be inserted. 

*[Vide* Assam Act 6 of 1935, s. 4] 

[^3]
19. **Extent of jurisdiction of Munsif.**—(1) Save as aforesaid, and subject to the provisions 
of sub-section (2),the jurisdiction of a Munsif extends to all like suits of which the value does 
not exceed one thousand rupees. 

(2) The  State  Government  may,  on  the  recommendation  of  the  High  Court,  direct,  by 
notification  in  the  Official  Gazette,  with  respect  to  any  Munsif  named  therein,  that  his 
jurisdiction  shall  extend  to  all  like  suits  of  such  value  not  exceeding  two  thousand  rupees as 
maybe specified in the notification: 

  Provided that the State Government may, by notification in the Official Gazette, delegate 
to the High Court its powers under this section.

###STATE AMENDMENT 

**Assam**

**Amendment  of  section  19.**—In  sub-section  (2)  of  section  19  of  the  said  Act,  for  the   words 
beginning with “that his jurisdiction” and ending with “in the notification” the following shall 
be substituted, namely:- 

  “(a)  that  his  jurisdiction  shall  extend  to  all  like  suits  of  such  value  not  exceeding  two 
thousand rupees as may be specified in the notification, or 

[^1]. In  Bengal  and  Assam,  for  the  words  and  figures  “in  s.  623  or  s.  649  of  the  Code  of  Civ il  Procedure”  the  words 
and figures “in ss. 36, 37 and 114 of, and rule 1 of Order XLVII in Sch. I to, the Code of Civil Procedure, 1908,” 
have  been  subs.  by  Bengal  Act  19  of  1935  and  Assam  Act  6  of  1935,  respectively.  In  Agra,  Bihar  and  Orissa, 
also,  the  reference  to  the  old  enactment  should  be  construed  in  the  same  way:  see  the  Code  of  Civil  Procedure, 
1908 (Act 5 of 1908), s. 158. 

[^2]. In Bengal and Assam, the figures “1908,” have been ins. at this place by Bengal Act 19 of 1935 and Assam Act 6 
of  1935,  respectively.  In  Agra,  Bihar  and  Orissa.also,  the reference  to  the old  enactment  should be  construed in 
the same way: see the Code of Civil Procedure, 1908 (Act 5 of 1908), s. 158. 

[^3]. S. 19 does not apply to Honorary Munsifs and Benches, in the U. P.:  see the U. P. Honorary Munsifs Act, 1896 
(U.P. 2 of 1896), s. 13. This section has been diversely amended in Bengal, Bihar and Orissa,  Agra and Assam 
by Ben.  Act 19 of 1935, s. 5, B. &O.  Act 4 of 1922, s. 2, U.P. Act 5 of 1925, ss. 2  and  3,  and  Assam  Act  6  of 
1935, s. 5, respectively. 



  (b) that so long as he holds Court at a place where the Co urt of a Subordinate Judge is 
held  his  jurisdiction  shall  extend  to  all  like  suits  of  such  value    not  exceeding  three 
thousand rupees as may be so specified.” 

*[Vide* Assam Act 6 of 1935, s. 5] 

**Assam**

**Amendment of section 19.**—In the Principal Act, in Section 19- 

  (i) in sub-section (1), for the words “seven thousand rupees” , the words “fifty thousand rupees” 
shall be substituted. 

  (ii) in sub-section (2), for the words “twenty five thousand rupees”  the words “two lakhs rupees” 
shall be substituted. 

*[Vide* Assam Act 44 of 2005, s. 2] 

**Assam**

**Amendment of section 19.**—In section 19 of the principal Act, -- 

(1) in  sub-section  (1),  for  the  words  “one  thousand  rupees”  at  the  end  the  words  “three  thousand 
rupees” shall be substituted: 

(2) for sub-section (2) the following shall be substituted, namely:- 

  “(2)  The  State  Government  may,  on  the  recommendation  of  the  High  Court,  direct,  by 
notification in the Official Gazette with respect to any Munsif named therein that his jurisdiction shall 
extend to all like suits of such value not exceeding five thousand rupees as may be specified in the 
notification: 

  Provided that the State Government may, by notification in the  Official Gazette, delegate to the 
High Court its powers under this section.” 

*[Vide* Assam 9 of 1965, s. 2] 

**Assam** 

**Amendment of section 19.**—(1) In section 19 of the principal Act, in sub-section (1), for the words 
“three thousand rupees” the words “seven thousand rupees” shall be substituted. 

  (2) In section 19 of the principal act, in sub-section (2) for the words “ten thousand rupees” the words 
“twentyfive thousand rupees” shall be substituted. 

*[Vide* Assam Act 7 of 1993, s. 2] 

**Uttarakhand** 

**Amendment of sub-section (2) of section 19.**—In sub-section (2) of section 19 of the Bengal, Agra 
and assam Civil Courts Act, 1887— 

  “(2) Words ‘one lac’ for the words ‘twenty five thousand’ shall be substituted. 

*[Vide* Uttaranchal Act 20 of 2005, s. 2] 

**Uttar Pradesh**

**Amendment of Bengal, Agra and Assam Civil Courts Act, 1887**:-- 

**Amendment of section 19 of act 12 of 1887.**—for  section  19  of  the  Bengal,  Agra  and  Assam  Civil 
Courts Act, 1887, hereinafter in this Chapter referred to as the principal Act, the following section shall 
be substituted, namely:-- 

  “19 (1)  Save as aforesaid, and subject to the  provisions  of sub-section (2), the jurisdiction of a 
Munsif extends to all like suits of which the value dose not exceed five thousand rupees. 

  (2) The State Government may, on the recommendation of the High Court, direct by notification 
in the official Gazette, with respect to any Munsif named therein, that his jurisdiction  shall extend to 
all like suits of such value not exceeding ten thousand rupees as may be specified in the notification: 

  Provided that the State Government may, the notification in the official Gazette, delegate to the 
High Court its powers under this section.” 

*[Vide* Uttar Pradesh Act 57 of 1976, s. 27] 

**Uttar Pradesh**

**Amendment of section 19.**—In section 19 of the principal Act,- 

  (a)-in sub-section (1), for the words "five thousand rupees" the words "ten thousand rupees" shall be 
substituted; 

  (b)-for sub-section (2), the following sub-section shall be substituted namely:- 

      "(2) the High Court may direct by notification in the official Gazette, with respect to any music 
named therein, that his Jurisdiction shall extend to all like suits of such value not exceeding twenty 
five thousand rupees as may be specified in the notification. 

*[Vide* Uttar Pradesh Act 17 of 1991, s. 3] 

**Uttar Pradesh**

**Amendment of section 19 of Act no. XII of 1887.**— In section 19 of the Bengal, Agra and Assam Civil 
Court Act, 1887 hereinafter in this Chapter referred to as the principal Act,– 

  (a) in sub-section (1) for the words “ten thousand rupees” the words “one lakh rupees” shall be 
substituted; 

  (b) in sub-section (2) for the words “twenty five thousand rupees” the words “five lakh rupees” 
shall be substituted. 

*[Vide* Uttar Pradesh Act 14 of 2015, s. 2 ] 

20. **Appeals from District and Additional Judges.**—(1) Save as otherwise provided by any 
enactment for the time being in force, an appeal from a decree or order- of a District Judge or Additional 
Judge shall lie to the High Court. 

(2) An appeal shall not lie to the High Court from a decree or order of an Additional Judge in any 
case in which, if the decree or order had been made by the District Judge, an appeal would not lie to that 
Court. 

21. **Appeals  from  Subordinate  Judges  and  Munsifs.**—(1)  Save  as  aforesaid,  an  appeal  from  a 
decree or order of a Subordinate Judge shall lie— 

  (a) to  the  District  Judge  where  the  value  of  the  original  suit  in  which  or  in  any  proceeding 
arising out of which the decree or order was made did not exceed five thousand rupees, and 

  (b) to the High Court in any other case. 

(2) Save as aforesaid, an appeal from a decree or order of a Munsif shall lie to the District Judge. 

(3) Where the function of receiving any appeals which lie to the District Judge under sub-section (1) 
or  sub-section  (2)  has  been  assigned  to  an  Additional  Judge,  the  appeals  may  bepreferred  to  the 
Additional Judge. 

(4) The High Court may, with the previous sanction of the State Government, direct, by notification 
in the Official Gazette, that appeals lying to the District Judge under sub-section (2) from all or any of the 
decrees  or  orders  of  any  Munsif  shall  be  preferred  to  the  Court  of  such  Subordinate  Judge  as  may  be 
mentioned in the notification, and the appeals shall thereupon be preferred accordingly. 

###STATE AMENDMENT 

**Assam**

**Amendment of section 21.**—In the Principal Act, in section 21, in sub-section (1), in clause 
(a), for the words “fifty thousand rupees” the words “five lakh rupees” shall be substituted. 

*[Vide* Assam Act 44 of 2005, s. 3] 

**Assam**

  In  section  21  of  the  principal  Act,  in  clause  (a)  of  sub-section  (1),  for  the  words  “five 
thousand rupees” the words “seven thousand rupees” shall be substituted. 

*[Vide* Assam Act 9 of 1965, s. 3] 

**Assam**

**Amendment of section 21.**--In  section  21  of  the  principal  Act,  in  sub-section  (1),  in  clause 
(a),  for  the  words  “twenty  thousand  rupees”,  the  words  “fifty  thousand  rupees”  shall  be 
substituted. 

*[Vide* Assam Act 7 of 1993, s. 3] 

**Uttar Pradesh**

In  section  21  of  the  Bengal,  Agra  and  Assam  Civil  Courts  Act,  1887,  as  amended  in  its  application  to 
Uttar Pradesh (hereinafter referred to as the Bengal, Agra and Assam Civil Courts Act), for sub-section 
(1), the following sub-section shall be substituted, namely :— 

  ‘‘(1) Save as aforesaid, an appeal from a decree or order of a Civil Judge shall lie — 

      (a)  to  the  District  Judge  where  the  value  of  the  original  suit  in  which  or  in  any 
proceeding  arising  out  of  which,  the  decree  or  order  was  made,  whether  instituted  or 
commenced or decided before or after the commencement of the Uttar Pradesh Civil Laws 
Amendment Act, 1968, was less than twenty thousand rupees; and 

      (b) to the High Court, in any other case. 

  (I-A) An appeal from a decree or order of  Civil Judge where the value of the original 
suit  in  which,  or  in  any  proceeding  arising  out  of  which,  the  decree  or  order  was  made 
exceeded  ten  thousand  rupees  but  was  less  than  twenty-thousand  rupees  instituted  in  the 
High Court before the date of commencement of the Uttar Pradesh Civil Laws Amendment 
Act,  1970,  and  pending  in  the  High  Court  immediately  before  the  said  date,  not  being  an 
appeal  in  which  arguments  have  been  concluded  before  the  said  date  and  only  judgment 
disposing  of  the  appeal  remains  to  be  pronounced,  shall  stand  transferred  to  the  District 
Judge  having  jurisdiction  who  may  either  decide  it  himself  or  assign  it  to  any  Additional 
Judge sub-ordinate to him. 

  (I-B) The period of limitation prescribed for filing an appeal from a decree or order of 
a Civil Judge where the value of the original suit in which, or in any proceeding arising out 
of  which,  the  decree  or  order  was  made  exceeded  ten  thousand  rupees  but  was  less  than 
twenty thousand rupees and the decree or order was made before December 2, 1968, shall, 
notwithstanding anything in the Limitation Act, 1963, be deemed to be and always to have 
been the same as if the appeal continued to lie to the High Court.’’ 

      (b) to the High Court, in any other case. 

  (I-A) An appeal from a decree or order of  Civil Judge where the value of the original suit 
in which, or in any proceeding arising out of which, the decree or order was made exceeded ten 
thousand rupees but was less than twenty-thousand rupees instituted in the High Court before 
the  date  of  commencement  of  the  Uttar  Pradesh  Civil  Laws  Amendment  Act,  1970,  and 
pending  in  the  High  Court  immediately  before  the  said  date,  not  being  an  appeal  in  which 
arguments have been concluded before the said date and only judgment disposing of the appeal 
remains to be pronounced, shall stand transferred to the District Judge having jurisdiction who 
may either decide it himself or assign it to any Additional Judge sub-ordinate to him. 

  (I-B) The period of limitation prescribed for filing an appeal from a decree or order of a 
Civil Judge where the value of the original suit in which, or in any proceeding arising out of 
which,  the  decree or  order  was  made exceeded  ten thousand  rupees  but  was less than  twenty 
thousand  rupees  and  the  decree  or  order  was  made  before  December  2,  1968,  shall, 
notwithstanding anything in the Limitation Act, 1963, be deemed to be and always to have been 
the same as if the appeal continued to lie to the High Court.’’ 

*[Vide* Uttar Pradesh Act 14 of 1970, s. 4] 

**Uttar Pradesh**

**Amendment of section 21.**—In section 21 of the principal Act,- 

  (a) for  sub-sections  (1),  (1-A)  and  (1-B),  the  following  sub-sections  shall  be 
substituted, namely :– 

  "(1) Save as aforesaid an appeal from a decree or order of  a Civil Judge shall lie,– 

  (a) to the High Court in any case other than a case referred  to in clause (b) ; 

  (b) to  the  District  Judge  where  the  value  of  t he  original  suit  in  which  or  in  any 
proceeding  arising  out  of  which  the  decree  or  order  was  made  (either  instituted  or 
commenced  before  or  after  the relevant  date)  did  not  exceed  one  lakh  rupees  or  such 
higher amount not exceeding five lakh rupees as the H igh Court may fix from time to 
time by notification in the official Gazette. 

  **Explanation**—For  the  purposes  of  this  sub-section  and sub-section  (1-A)  and 
(1-B) relevant date means the date of com-mencement of the Uttar  Pradesh Civil  
Laws (Amendment) Act, 1991 or, as  the case  may be, the  date  of commencement 
of  notification made  under clause  (b) of  sub- section (1). 

  (1-A)  An  appeal,  from  a  decree  or  order  of  a  Civil  Judge where the  value  of 
the original suit in which, or in any proceeding arising  out  of which  the  decree  or 
order  was  made was  not  more  than  amount  fixed  by  or  under  clause  (b)  of  sub-
section  (1) instituted  in High  Court and  pending    in    the  High  Court  immediately 
before  the  relevant  date,  shall  stand  transferred  to  the  District  judge  having 
jurisdiction  who  may  either  decide  it  himself  or  assign  it  to  any  additional  Judge 
subordinate to him : 

  Provided that any judgment, decree or order passed in such an appeal by the 
High  Court  after  the  relevant  date  shall  be  valid  as  if  the  High  Court  had 
withdrawn the appeal under section 24 of the Code of Civil Procedure, 1908. 

  (1-B) The period of limitation prescribed for filing  an appeal from a decree or 
order    of    a    Civil    Judge    made    before  the  relevant  date,  which  lay  to  the  High 
Court  immediately  before  such  date  but  lies  to  the  District  Judge    under    sub- 
section  (1)  shall  not  withstanding  anything  to  the  contrary  contained  in  the 
Limitation Act, 1963, be deemed to be and always  to  have been the same as if the 
appeal continued to lie to the High Court."; 

  (b)  in  sub-section  (4),  the  words  "with  the  previous  sanction  of  the  State 
Government,'  shall  be  omitted. 

*[Vide* Uttar Pradesh Act 17 of 1991, s. 4] 

**Uttar Pradesh**

**Amendment of section 21.**—In section 21 of the principal Act, in sub-section (1), in clause (b),– 
  (a) for the words “one lakh rupees” the words “five lakh rupees” shall be substituted; and 
  (b) for the words “five lakh rupees” the words “twenty five lakh rupees” shall be substituted. 

*[Vide* Uttar Pradesh Act 14 of 2015, s. 3] 

###CHAPTER IV 

###SPECIAL JURISDICTION 

22. **Power  to  transfer  to  Subordinate  Judges  appeals  from  Munsifs.**—(1) A District  Judge  may 
transfer to any Subordinate Judge under his administrative control any appeals pending before him from 
the decrees or orders of Munsifs. 

(2) The  District  Judge  may  withdraw  any  appeal  so  transferred,  and  either  hear  and  dispose  of  it 
himself or transfer it to a Court under his administrative control competent to dispose of it. 

(3) Appeals  transferred  under  this  section  shall  be  disposed  of  subject  to  t he  rules 
applicable to like appeals when disposed of by the District Judge. 

[^1]23. **Exercise  by  Subordinate  Judge  or  Munsif  of  jurisdiction  of  district  Court  in  certain 
proceedings.**—(1) The High Court  may,  by  general  or  special  order,  authorize  any  Subordinate 
Judge  or  Munsif  to take  cognizance  of,  or  any  district Judge  to  transfer  to a  Subordinate Judge  or 
Munsif  under his  administrative  control,  any  of  the  proceedings  next hereinafter  mentioned  or  any 
class of those proceedings specified in the order. 

(2) The proceedings referred to in sub-section (1) are the following, namely:— 

  (a) proceedings under Bengal Regulation 5, 1799 *(to limit the Interference of the Zillah and City 
Courts of Dewanny Adawlut in the Execution of Wills and Administration to the Estates of persons 
dying intestate)*; 

  (d) proceedings  under  the  Indian  Succession  Act,  1865  (10  of  1865), [^4] and  the  Probate  and 
Administration Act, 1881 (5 of 1881)[^4] which cannot be disposed of by District Delegates;and 

  (e) references by Collectors under section 322C of the Code of Civil Procedure (14 of 1882). [^5] 

(3) The District Judge may withdraw any such proceedings taken cognizance of by, or transferred to, 
a Subordinate Judge or Munsif, and may either himself dispose of them or transfer them to a Court under 
his administrative control competent to dispose of them. 

###STATE AMENDMENT 

**Assam**

**Amendment of section 23.**—In sub-section (2) of section 23 of the said Act, -- 

(1) in clause (d) for the words and figures “the Indian Succession Act, 1865, and the Probate and 
Administration Act, 1881”, the words and figures “the Indian Succession Act, 1925”, shall be 
substituted; and 

(2) in clause (e), for the word and figures “section 322C”, the words “paragraph 5 of the Third 
Scheduled  “  shall  be  substituted  and  after  the  words  “Code  of  Civil  Procedure”  the  figure  “1908” 
shall be added. 

*[Vide* Assam Act 6 of 1935, s. 6] 

[^6]
24. **Disposal of proceedings referred to in last foregoing section.**—(1) Proceedings taken 
cognizance  of  by,  or  transferred  to,  a  Subordinate  Judge  or  Munsif,  as  the  case  may  be,  under 
the last  foregoing  section  shall  be  disposed  of  by  him  subject  to  the  rules  applicable  to  like 
proceedings when disposed of by the District Judge: 

  Provided that an appeal from an order of the Munsif in any such proceedings shall lie to the District 
Judge. 

(2) An appeal from the order of the District Judge on the appeal from the order of a munsif under this 
section shall lie to the High Court if a further appeal from the order of the District Judge is allowed by the 
law for the time being in force. 

[^4]
25. **Power  to  invest  Subordinate  Judges  and  Munsifs  with  Small  Cause  Court 
Jurisdiction.**—The State Government may, by notification in the Official Gazette, confer, within 
such  local  limits  as  it  thinks  fit,  upon  any  Subordinate  Judge  or  Munsif  the  jurisdiction  of  a 



[^1]. S.  23  does  not  apply  to  Honorary  Munsifs  and  Benches  in  the  U.  P.:  see  the  U.P.  Honorary  Munsifs  Act,  1896  (U.P.  2  of 
1896), s. 13. 
[^4]. See now the Indian Succession Act, 1925 (39 of 1925). In Bengal and Assam, this cl. has been formally amended by Ben. Act 
19 of 1935 and Assani Act 6 of 1935, respectively. 
[^5]. See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch. III. This cl. has been omitted in Bengal by Ben. Act 19 of 
1935 and formally amended in Assam by Assam Act 6 of 1935. 
[^6]. Ss. 24 and 25 do not apply to Honorary Munsifs and Benches in the U.P.; see the U.P. Honorary Munsifs Act, 1896 (U.P. 2 of 
1896), s. 13. 

 
 
Judge  of  a  Court  of  Small  Causes  under  the  Provinicial  Small  Cause  Courts  Act,  1887  (9  of 
1887)  for  the  trial  of  suits,  cognizable  by  such  Courts,  up  to  such  value  not  exceeding  five 
hundred[^1] rupees in the case of a Subordinate Judge or two hundred and fifty rupees in the case 
of a Munsif as it thinks fit, and may withdraw any jurisdiction so conferred: 

  Provided  that  the  State  Government  may,  by  notification  in  the  Official  Gazette,  delegate  to  the 
High Court its powers under this section.

###STATE AMENDMENT 

**Assam**

**Amendment of section 25.**—In section 25 of the said Act, for the words "five hundred rupees", the 
words  "seven  hundred  and  fifty  rupees"  and  for  the  words  "two  hundred  and  fifty  rupees",  the  words 
"three hundred rupees" shall be substituted. 

*[Vide* Assam Act 6 of 1935, s. 7] 

**Uttar Pradesh**

For  section  25  of  the  Bengal,  Agra  and  Assam  Civil  Courts  Act,  1887  the  following  section  shall  be 
substituted, namely:-- 

  “25. The State Government may, by notification in the Gazette, confer within such local limits as 
it thinks fit, upon any Civil Judge or Munsif the jurisdiction of a Judge of a Court of Small Causes 
under the Provincial Small Causes Courts Act, 1887, for the trial of suits cognizable by such Coutts, 
upto such value not exceeding one thousand rupees in the case of a Civil Judge or five hundred rupee 
in the case of a Munsif  as it thinks fit, and may withdraw any jurisdiction so conferred: 

  Provided  that  the  State  Government  may,  by  notification  in  the  Gazette  delegate  to  the  High 
Court its powers under the section.” 

*[Vide* Uttar Pradesh Act 14 of 1970, s. 5] 

**Uttar Pradesh**

**Amendment of section 25 of Act XII of 1887**--Section 25 of the Bengal, Agra and Assam Civil Courts 
Act, 1887, as amended in its application to Uttar Pradesh shall be re-numbered as sub-section (1) thereof, 
and— 

  (i) in sub-section (1), as so re-numbered, for the existing proviso, the following proviso shall be 
substituted, namely :– 

      ‘‘Provided that in relation to suits of the nature referred to in the proviso to sub-section (3) of 
section  15  of  the  said  Act  the  references  in  this  sub-section  to  one  thousand  rupees  and  five 
hundred  rupees  shall  be  construed  respectively  as  references  to  five  thousand  rupees  and  one 
thousand rupees.’’ ; 

  (ii) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely :– 
      ‘‘(2)  The  State  Government  may  by  notification  in  the  official  Gazette,  confer  upon  any 
District Judge or Additional District Judge he jurisdiction of a Judge of a Court of Small Causes 
under the Provincial Small Cause Courts Act, 1887, for the trial of all suits (irrespective of their 
value),  by  the  lesser  for  the  eviction  of  a  lessee  from  a  building  after  the  determination  of  his 
lease, or for the recovery from him of rent in respect of the period of occupation thereof during 
the  continuance  of  the  lease  or  of  compensation  for  the  use  and  occupation  thereof  after  such 
determination of lease, and may withdraw any jurisdiction so conferred. 

    Explanation—  For  the  purposes  of  this  sub-section,  the  expression  ‘building’  has  the  same 
meaning as in Article (4) in the Second Schedule to the said Act. 

[^1]. In  Bengal  and  Assam  the  limits  are  seven  hundred  and  fifty  and  three  hundred,  respectively:  see  Ben.  Act  19  of  1935  and 
Assam Act 6 of 1935. 



      (3) The  State  Government  may  by  notification  in  the  official  Gazette  delegate  to  the  High 
Court its powers under this section.’’ 

*[Vide* Uttar Pradesh Act 37 of 1972, s. 5] 

**Uttar Pradesh**

**Amendment of section 25.**— In section 25 of the principal Act, in sub-section (1) as amended from time 
to time in its application to Uttar Pradesh,- 

  (a) for  the  words  "one  thousand  rupees"  and  "five  hundred  rupees"  the  words  "two  thousand 
rupees" and "one thousand rupees" shall respectively he substituted; 

  (b) for  the  proviso,  as  substituted  by  the  Uttar  Pradesh  Civil  Laws  Amendment  Act,  1972,  the 
following proviso shall be substituted, namely :- 

      "Provided that in relation to suits of the nature referred to in the proviso to sub-section (3) of 
section  15  of  the  said  Act  the  reference  in  this  sub-section  to  two  thousand  rupees  and  one 
thousand  rupees  shall  be  construed  respectively  as  references  to  five  thousand  rupees  and  two 
thousand rupees." 

*[Vide* Uttar Pradesh Act 57 of 1976, s. 28] 

**Uttar Pradesh**

**Amendment of section 25.**—In section  25  of  the  principal Act,- 

  (a) for  sub-sections  (1)  the  following  sub-sections  shall  be substituted,  namely 
:– 

      "(1)  The  High  Court  may  by  notification  in  the  official  Gazette,  confer 
within  such  local  limits  as  it  thinks  fit,  upon  any  Civil  Judge  or  Munsif  the 
jurisdiction  of  a  Judge  of  a Court of Small  Causes under the Provincial  Small 
Cause Courts  Act,  1887  for  the  trial  of  suits  cognizable  by  such  Courts.  up  to 
such  value  not  exceeding  five  thousand  rupees  as  it  thinks  fit  and  may 
withdraw any jurisdiction so conferred : 

      Provided  that  in  relation  to  suits  of  the  nature  referred  to in  the  proviso  to 
sub-section (2) of section 15 of the said Act, the reference in this sub-section to 
five  thousand  rupees  shall be  construed  as  reference  to  twenty  five  thousand 
rupees."; 

  (b) in sub-section (2), for the words "State Government" the word "High Court" 
shall be substituted ; 

  (c) sub-section (3) shall be  omitted 

*[Vide* Uttar Pradesh Act 17 of 1991, s. 5] 

###CHAPTER V. —[MISFEASANCE.]Rep. by the A. O. 1937. 

26. *[Suspension or removal of Judges by Local Government.] Rep., ibid.*
27. *[Suspension of Subordinate Judge by High Court.] Rep., ibid.*
28. *[Suspension or removal of Munsif by High Court.] Rep., ibid.*
29. *[Suspension of Munsif by District Judge.] Rep.,ibid.*

###CHAPTER VI. —[MINISTERIAL OFFICERS.].Rep., ibid. 

30. *[Appointment and removal of ministerial officers of District Courts.].Rep., ibid.*
31. *[Appointment and removal of ministerial officers of other Courts.]Rep., ibid.*
32. *[Appointment and removal of ministerial officers on joint establishments.]Rep., ibid.*
33. *[General powers of District Judge.]Rep., ibid.*
34. *[Transfer of ministerial officers.]Rep., ibid.*
35. *[Recovery of fines.]Rep., ibid*

###CHAPTER VII 

###SUPPLEMENTAL PROVISIONS 

36. **Power to confer powers of Civil Courts on officers.** —(1) The State Government may 
invest with the powers of any Civil Court under this Act, by name or in virtue of office, — 

  (a) any officer in the Chutia Nagpur, Sambalpur, Jalpaiguri or Darjeeling District, or 
in any part of the territories administered by the Chief Commissioner of Assam except the 
district of Sylhet, or, 

  (b) after consultation with the High Court, any officer serving in any other part of the territories 
to  which  this  Act  extends and  belonging  to  a  class  defined  in  this  behalf  by  the  State  Government. 

(2) Nothing in sections 4, 5, 6, 8, 10 or 11 applies to any officer so invested, but all the 
other provisions of this Act shall, so far as those provisions can be made applicable, apply to 
him as if he were a Judge of the Court with the powers of which he is invested. 

(3) Where,  in  the  territories  mentioned  in  clause  (a)  of  sub-section  (1),the  same  local 
jurisdiction is assigned to two or more officers invested with the powers of a Munsif, the officer 
invested  with  the  powers  of  a  District  Judge  may,  with  the  previous  sanction  of  the  State 
Government,  delegate  his  functions  under  sub-section  (2)  of  section  13  to  an  officer  invested 
with the powers of  a Subordinate Judge  or to  one  of the officers invested  with the  powers  of a 
Munsif. 

(4) Where the place at which the Court of an officer invested with powers under sub-section (1) 
is to be  held  has  not  been  fixed  under  section  14,  the  Court  may  be  held  at  any  place  within 
the local limits of its jurisdiction. 

###STATE AMENDMENT 

**Assam**

  **Amendment of section 36.**—In section 36 of the principal Act, in clause (a) of sub-section (1), 
for  the  words  “territories  administered  by  the  Chief  Commissioner  of  Assam  except  the  district 
of  Sylhet”  occurring  between  the  words  “the”  and  “or”  the  words  “State  of  Assam”  shall  be 
substituted. 

*[Vide* Assam Act 9 of 1965, s. 4] 

[^4]
37. **Certain decisions to be according to Native law.**—(1) Where in any suit  or  other 
proceeding  it  is  necessary  for  a  Civil  Court  to  decide  any  question  regarding  succession, 
inheritance,  marriage  or  caste,  or  any  religious  usage  or  institution,  the  Muhammadan  law   in 
cases  where  the  parties  are  Muhammadans,  and  the  Hindu  law  in  cases  where  the  parties  arc 
Hindus, shall form the rule of decision except in so far as such law has, by legislative enactment, 
been altered or abolished. 

(2) In cases not provided for sub-section (1) or by any other law for the time being in force, 
the Court shall act according to justice, equity and good conscience. 

38. **Judges not to try suits in which they are interested.** —(1) The presiding officer of a 
Civil  Court  shall  not  try  any  spit  or  other  proceeding  to  which  he  is  a  party  or  in  which  he  is 
personally interested. 

(2) The presiding officer of an appellate Civil Court under this Act shall not try an appeal against a 
decree or order passed by himself in another capacity. 

[^4]. The  provisions  of  this  section,  in  so  far  as  they  are  inconsistent  with -  the  provisions  of  the  Muslim  Personal  Law 
(Shariat)  Application  Act,  1937  (26  of  1937),  rep.  by  s.  6  of  that  Act,  but  have  been  revived  by  s.  3  of  Act  16  of 
1943.



(3) When  any  such  suit,  proceeding  or  appeal  as  is  referred  to  in sub -section (1) or sub-
section (2) comes before any such officer, the officer shall forthwith transmit the record of the 
case  to  the  Court  to  which  he  is  immediately  subordinate, with a report of the circumstances 
attending the reference. 

(4) The  superior  Court  shall  thereupon  dispose  of  the  case  under  section  25  of  the  Code  of  Civil 
Procedure (14 of 1882)[^1]. 

(5) Nothing  in  this  section  shall  be  deemed  to  affect  the  extraordinary  original  civil 
jurisdiction of the High Court. 

###STATE AMENDMENT 

**Assam**

**Amendment of section 38.**—In sub-section (4) of section 38 of the said Act, for the words and igures 
"section  25 of  the  Code  of  Civil  Procedure",  the  words  and  figures  "section  24 of  the  Code  of  Civil 
Procedure, 1908" shall be substituted. 

*[Vide* Assam Act 6 of 1935, s. 8] 

39. **Subordination of Courts to District Court.** —For  the  purposes  of  the  last  foregoing 
section  the  presiding  officer  of  a  Court  subject  to  the  administrative  control  of  the  District 
Judge  shall  be  deemed  to  be  immediately  subordinate  to  the  Court  of  the  District  Judge,  and, 
for  the  purposes  of  the  Code  of  Civil  Procedure  (14  of  1882),  the   Court  of  such  an  officer 
shall be deemed to be of a grade inferior to that of the Court of the District Judge. 

###STATE AMENDMENT 

**Assam**

  In Section 39 of the Said Act, after the words "Code of Civil Procedure", the figures "1908" shall be 
inserted. 

*[Vide* Assam Act 6 of 1935, s. 4] 

40. **Application of Act to State Courts of Small Causes.**—(1) This section and sections 15, 
32, 37, 38 and 39 apply to Courts of Small Causes constituted under the Provincial Small Cause 
Courts Act, 1887 (9 of 1887). 

(2)  Save  as  provided  by  that  Act,  the  other  sections  of  this  Act  do  not  apply  to  those 
Courts. 

_________ 

[^1]. See  now  s.  24  of  the  Code  of  Civil  Procedure,  1908  (Act  5  of  1908).  In  Bengal  and  Assam,  that  reference  has 
been formally subs. by Ben. Act 19 of 1935 and Assam Act 6 of 1935  respectively.